Miguel Ribeiro dos Santos comments on teachers’ strike

Miguel Ribeiro dos Santos comments on teachers’ strike

In comments asked by the PÚBLICO newspaper regarding the legal opinions requested by the Ministry of Education (ME) on the teachers’ strike which is underway, as being declared illegal, Miguel Ribeiro dos Santos claimed: “A priori, even if, ultimately, the competence to evaluate the legality of a strike lies with the courts, the Government will always have the legitimacy to request legal opinions on the legality of current teachers’ strikes”.

“The PGR’s Conselho Consultivo [Consultative Council of the Public Prosecution Service] can issue opinions, restricted to matters of legality, namely, at the request of members of the Government, while JurisAPP, in turn, is legally competent to provide legal consultancy, advisory and counselling services to members of the Government,” he stated. Miguel Ribeiro dos Santos, lawyer at BAS in the areas of Labour Law and Public Employment Law, also said that if the requests for legal opinions “are related to the legality of the strike’s implementation, this indicates that the issues in doubt are not related to the terms announced by the unions in their prior strike notices, but rather to the terms under which strikes are, in fact, taking place on the ground”. “In this sense, only the collection of very concrete factual elements will make it possible to identify and evaluate possible illegalities, namely for failure to comply with the terms of the prior notices, as happens, for example, in the case of the so-called ‘surprise strikes’, whose illegality may result from the way they occurred, in relation to the content of the prior notice,” he explained.

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Miguel Ribeiro dos Santos is a lawyer in Labour Law and Public Employment Law.

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